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without commission. I do not know whether it is possible, that is, legally possible, subsequently to put Mr. Alfried Krupp on the list of the principal war criminals. However, even if I were to let this legal possibility open to discussion, I should like to call attention to the following:

In view of the changed situation, it seems to me to be a bit strange, to say the least, if Alfried Krupp were to be put on the list as a principal war criminal now, not because he was marked as one from the beginning, but because his father cannot be tried. I see in that a certain game played by the representative of the United States which cannot be sanctioned by the Court in my opinion.

In addition, I wish to make the following brief remark:

In case a supplementary indictment should be made against Alfried Krupp, and if I were definitely charged with his defense, my conscience would oblige me to request that the period of 30 days between the serving of the Indictment and the main Trial as provided in Rule 2 (a), would have to be kept under all circumstances.

Finally, I should like to point out the following:

In conclusion, I should like to emphasize that, so far as I am informed, the circumstances and facts regarding the person of Alfried Krupp are basically different from the circumstances concerning the person of the present defendant, Krupp senior. In the documents that have been put at our disposal so far, and which are bound in one volume, I have hardly found a single word about any complicity or participation of Alfried Krupp in the crimes with which Krupp senior is charged. I should also like to emphasize that, as has already been discussed, Alfried Krupp became the owner of the Krupp firm, I believe, only in November 1943 and that previously, from 1937 to 1943, he was merely director of one department of the entire concern, but in this capacity he did not have the slightest influence on the management of the firm, nor did he have anything to do with orders for the production and delivery of war materials.

For the reasons stated, I believe I am justified in expressing the wish to refrain from introducing Alfried Krupp into this Trial of the principal war criminals.

THE PRESIDENT: The Tribunal will adjourn now and announce its decision on this application later.

[The Tribunal adjourned until 15 November 1945 at 1000 hours.]